The Board of Supervisors of North Newton Township, finding that
nuisance animals can be detrimental to the physical, mental and social
well-being of the people, as well as to their comfort, living conditions,
general welfare and safety, and being, therefore, a public health
and welfare hazard, hereby declares it to be necessary to provide
for the greater control and more effective regulation of nuisance
animals within the Township.

Any individual, association, partnership or corporation,
and includes officers, employees, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing penalty, "person" includes
individual members, partners, officers and managers, or any of them,
of partnerships and associations, and as to corporations, the officers
and managers thereof, or any of them.

Any imaginary line drawn through the points of contact of adjoining
lands, apartments, condominiums, townhouses and duplexes owned, rented
or teased by different persons; a demarcation or a line of separation
of properties; and also, for any two or more buildings sharing common
grounds, the line drawn midway between any two said buildings. All
areas devoted to public right-of-way shall be deemed to be across
the property line. For the purposes of this article, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcing officer.

It shall
be unlawful for any person to own, keep or have in his possession,
or harbor, any dog, cat, other animal or bird(s) which, by frequent
or habitually howling, yelping, barking or otherwise, causes loud
noises, and produces an annoying disturbance to a reasonable person
or to the neighborhood. For the purposes of this article, an animal
making an annoying disturbance shall include an animal that barks,
bays, cries, howls or makes any other noise continuously for an unreasonable
period of time, at any time of the day or night, regardless of whether
the animal is physically situated in or upon public or private property;
provided, however, that at the time the dog, cat or other animal or
bird is making such noise, no person is trespassing or threatening
to trespass upon private property in or upon which the animal or bird
is situated or for any other legitimate cause which teased or provoked
the dog, cat, or other animal or bird.

It shall
be unlawful to allow digging in, without limitation, flower beds,
children's box, gardens or otherwise damaging shrubbery, trees, lawns,
or any other portion of property not belonging to the owner of the
dog, cat or other animal, including, without limiting the foregoing,
personal property.

It shall
be unlawful to deposit feces on public or private property not belonging
to owner of the dog, cat or other animal. Acts of nuisance also include
the deposition of such waste directly in public roadways and paths
in such manner that persons or vehicles are likely to be soiled in
normal passage along the public roadway or paths. This provision does
not apply to the occasional deposition of manure and urine by horses
or draft animals when passing along public roadways or paths. Depositing
or storing feces or urine or other bodily waste or by-products or
other organic refuse on private property in such a manner as to attract
numbers of insects, rodents and other vermin, or to create unwholesome
or noxious odors sensible at or beyond the property boundaries.

Prima facie violation. An annoying disturbance, as described in Subsection A of this section, that disturbs two or more residents who are in general agreement as to the times and durations of the noise and who reside in separate residences (including apartments and condominiums) located across a property line (boundary) from the property on which the source of the annoying disturbance is generated shall be prima facie evidence of a violation of this article.

Any person violating the provisions of this article shall be
subject to pay a fine of no more than $300, plus applicable costs
and fees, provided that each day's violation of the provisions of
this article shall constitute a separate offense. Both the owner of
the property and the owner of the dog, cat, or other animal subject
to this article, shall be notified of any violation hereto and shall
be held jointly and severally liable for any and all fines and costs
of prosecution incurred through any violation of this article.

The provisions
of this article do not apply to animals that are used in the course
of normal agricultural operations as defined under 3 P.S. § 951
et seq., commonly referred to as the "Right to Farm Act."